Do I need I-134 or I-864?

[Jill & Dave 0]

Hello everyone,

I understand this website is an overwhelming wealth of information, but I read so many opposing opinions, it’s hard to pinpoint facts. I appreciate your help in this matter!

What we are filing for: K1 Visa I-129F

Me: US Citizen

Fiance: British Citizen

I will have a co-sponsor on behalf of my fiancé, and that co-sponsor is my own mother. She has 100% agreed to everything, but I’m reading in various places about forms I-134 & I-864.

Which one(s) do we need once we receive our NOA2? Do I fill something out? Does she do all of the filling out? This is where I have become sorely confused. I did not make enough this past tax year.

Any links to STRAIGHT information, or a page I could bookmark on the matter would be wonderful!

Thank you so much!

[Donna & Paul 4]

You will need the I-134 form. Read the K-1 guides linked at the top of the page under Guides or here:

http://www.visajourney.com/content/k1guide

That will help you greatly. You should also read ahead to the AOS(Adjustment of Status) guide. It will help you be better prepared and know what to expect next.

[Donna & Paul 4]

Hello everyone,

I will have a co-sponsor on behalf of my fiancé, and that co-sponsor is my own mother. She has 100% agreed to everything, but I’m reading in various places about forms I-134 & I-864.

Which one(s) do we need once we receive our NOA2? Do I fill something out? Does she do all of the filling out? This is where I have become sorely confused. I did not make enough this past tax year.

Any links to STRAIGHT information, or a page I could bookmark on the matter would be wonderful!

Thank you so much!

You need to fill out an I-134 AND your co-sponsor will complete an I-134. Each of you will have to send the supporting documents required.

[Jill & Dave 0]

You need to fill out an I-134 AND your co-sponsor will complete an I-134. Each of you will have to send the supporting documents required.

Thank you so much for your help! So even if I haven't made enough in the past year, I still provide the supporting documents, as does my mother, and they will know that she is my co-sponsor? And we should be approved that way?

[Donna & Paul 4]

I don't know your situation. I don't know if you or your mother meet the poverty guidelines which can be found here:

http://www.uscis.gov/files/form/i-864p.pdf

Please do not let this confuse you. This speaks specifically about form I-864. You should study this and be aware that AFTER you have been approved and your fiance comes to the U.S. and AFTER you are married you will have Adjust Status. This is when you will use form I-864.

For the purposes of the K-1 Visa you will use form I-134 but the USCIS uses the same poverty guidelines for the I-134 as the I-864.

Here is the link to the USCIS website page about Affidavits of Support which explains that you must sponsor your fiance and what your joint sponsor must do:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=720b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=720b0a5659083210VgnVCM100000082ca60aRCRD

Edited February 18, 2013 by Donna & Paul

[Jill & Dave 0]

Thank you very much! My mother is indeed above the poverty line, so this is exactly what I needed to know. Maybe that's where I was becoming confused? I-864 will be used for AOS. Gotcha!

[Donna & Paul 4]

No problem! I just didn't want to answer yes or no to your question because that 125% of the poverty guideline stymies a lot of people.

[Nich-Nick 3,353]

Any links to STRAIGHT information, or a page I could bookmark on the matter would be wonderful!

London embassy website to get it straight from the place where you will present the documentation:

http://london.usembassy.gov/faffidavit.html

I will add that London has accepted only the Mom's I-134 when the fiancé doesn't make enough. They just want somebody to sponsor and do not insist it is the fiancé. Some Brit's have no sponsor because they have a lot of money of their own. There are no set documents in London to prove the income of the sponsor. They do not require a tax return if there is another good proof. For a fiancé visa, the officer has to be convinced she will not become a public charge. So what good is proving you don't make enough money four different ways? Prove Mom makes enough.

Another straight source is the Dept of State because they issue the visa, not the USCIS. Read the first two questions http://travel.state.gov/visa/immigrants/types/types_2994.html#8

When she applies for her greencard after marriage, the I-864 has very specific rules and you will fill out a form and submit a tax return, as will the joint sponsor. USCIS will be approving that one.

[Donna & Paul 4]

London embassy website to get it straight from the place where you will present the documentation:

http://london.usembassy.gov/faffidavit.html

I will add that London has accepted only the Mom's I-134 when the fiancé doesn't make enough. They just want somebody to sponsor and do not insist it is the fiancé. Some Brit's have no sponsor because they have a lot of money of their own. There are no set documents in London to prove the income of the sponsor. They do not require a tax return if there is another good proof. For a fiancé visa, the officer has to be convinced she will not become a public charge. So what good is proving you don't make enough money four different ways? Prove Mom makes enough.

Another straight source is the Dept of State because they issue the visa, not the USCIS. Read the first two questions http://travel.state.gov/visa/immigrants/types/types_2994.html#8

When she applies for her greencard after marriage, the I-864 has very specific rules and you will fill out a form and submit a tax return, as will the joint sponsor. USCIS will be approving that one.

Okay. That makes it easier! I thought basically the same rules applied to both documents.

[Nich-Nick 3,353]

Okay. That makes it easier! I thought basically the same rules applied to both documents.

Everybody thinks the same rules apply, but if you dig deeper into the sources it's a different thing. Some consulates may have a local vibe of what it takes to convince those officers, so I am only speaking of London's usual attitude. Acceptance of the I134 is a subjective decision by the interviewing officer. There is nothing in the Foreign Affairs Manual stating a tax return is required or only the fiancé can provide the affidavit. BUT a particular consulate or officer may feel like those are the only way he will be convinced the applicant will not become a public charge. The guides on VJ are covering the whole world so tend to give the greatest common denominator of the most difficult consulate. That's why finding regional forums to learn the tips and tricks for after NOA2 is often very helpful.

[Jill & Dave 0]

Everybody thinks the same rules apply, but if you dig deeper into the sources it's a different thing. Some consulates may have a local vibe of what it takes to convince those officers, so I am only speaking of London's usual attitude. Acceptance of the I134 is a subjective decision by the interviewing officer. There is nothing in the Foreign Affairs Manual stating a tax return is required or only the fiancé can provide the affidavit. BUT a particular consulate or officer may feel like those are the only way he will be convinced the applicant will not become a public charge. The guides on VJ are covering the whole world so tend to give the greatest common denominator of the most difficult consulate. That's why finding regional forums to learn the tips and tricks for after NOA2 is often very helpful.

Thank you so much for your links and advice! I'm reading from the London Embassy link you provided: "Affidavit of Support

Persons in the U.S. who wish to furnish sponsorship of a fiancee or Kii visa applicant in the form of an affidavit of support should use form I-134 which is available from the U.S. Citizenship and Immigration Services Sponsors may also elect to furnish a statement in the form of an affidavit sworn to before a notary public or other official competent to administer an oath, setting forth his or her willingness and financial ability to contribute to the applicant's support and reasons, in detail, for sponsoring the applicant."

So on top of the I-134, does my mother need to also have a notarized statement? This is the first time I have ever read any such a thing.

[Nich-Nick 3,353]

Thank you so much for your links and advice! I'm reading from the London Embassy link you provided: "Affidavit of Support

Persons in the U.S. who wish to furnish sponsorship of a fiancee or Kii visa applicant in the form of an affidavit of support should use form I-134 which is available from the U.S. Citizenship and Immigration Services Sponsors may also elect to furnish a statement in the form of an affidavit sworn to before a notary public or other official competent to administer an oath, setting forth his or her willingness and financial ability to contribute to the applicant's support and reasons, in detail, for sponsoring the applicant."

So on top of the I-134, does my mother need to also have a notarized statement? This is the first time I have ever read any such a thing.

No, read it again. The significant words are "may also" which means it's yet another option.

That last bit on the page is how to prepare a do-it-yourself affidavit. So you can use I-134 OR instead provide one's own affidavit that must include all the things down to the end of the page. Why bother trying to write a DIY affidavit and not forget to include all that, when you can use the already made I-134 that includes all the info and wording necessary.

You can provide your own I-134 too if you have any income to contribute, but the significant one will be from Mom.

Edited February 20, 2013 by Nich-Nick